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Home My WebLink AboutResolution 2290 _ - -� ';t ' . Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2290 � . • _ • • A RESOLIITIOAi GRANTING A VARIABTCE TO MQNICIPAL ZONIIdG CODE S�:CTIOId 10.22, SIIBDIVISIOIdS 1 & 2 FILE �1168 � WHY3REAS, Richard G. Helstrom (hereinafter "the applicant") is the . owner of the property located at 2895 Casco Point Road within the City of Orono (hereinafter "City") and IegalYy described as follows: The Southeasterly 90.0 feet of Lot 110, SPRING PARK, except the Southeasterly 20. 0 feet thereof. Also the Southeast 20. 0 feet of Lot 110 , and Lot 99 and the Southeasterly half of Lot 100, including aIl Iand lying between the Northeast line of Lake Shore Avenue and Lake Minnetonka and bounded on the Southeast by the Southeast line of said Lot 99, extended to Lake Minnetonka and bounded on the Northwest by the Northwesterly Iine of said Southeasterly half of Lot 100 extended to Lake Minnetonka and • incl.uding the vacated portion of Lake Shore Avenue lying adjacent to said premises, al. l in SPRING PARK, Hennepin County, Minnesota (hereinafter "the property") ; and WH�3R�AS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 & 2 to permit the construction of a second story deck which encroaches 12' into the average Iakeshore setback zone where no encroachment is normal ly aI lowed, and which results in an increase in hardcover in the 75-250° lakeshore setback zone from 45. 3� existing to 45.7� where only 25$ hardcover is normally allowed. IdOW, THER$FOI28, BE IT R$SOLVED by the City Council of Orono, Minnesota: FINDIYdGS 1. This application was reviewed as Zoning File #1168. 2. The property is Iocated in the LR-1C Single Family Lakeshore' Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 20 and October 19, 1987, and recommended approval of the proposed variance based upon the following findings: • A) The proposed deck encroachment of 12' into the average Iakeshore setback W�ii have no significant impact on neighbors° views of the lake due to the topography of the site in relation to the elevations of those neighboring properties. Page 1 of 4 . ` . , � • { � • Clt� o� ORONO � • RESOLUTION OF THE CITY COUNCIL � NO. 2290 � ' • - • • B) The increase in 75-250' hardcover on the property can be minimized to an increase of 4/10 of 1 percent ( 0.4�) by removal of a 168 s.f. block patio on the lake side of the house. 4. The hardcover can be further reduced by removal of 277 s.f. of patio blocks adjacent to the proposed deck. 5. The wood play structure located near the 168 s.f. patio will not encroach on any lake views enjoyed by neighbors. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply � generally to other • property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; �is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCI�IISIOI�S, ORDER AP1D CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.22, Subdivision 1 & 2 to permit the construction of a second story deck which encroaches l2' into the average lakeshore setback zone where no sncroachment is normally allowed, and which results in a net decrease in hardcover in the 75-250' lakeshore setback zone from 45.3$ existing to 44.6$ where only 25� hardcover is normally allowed, subject to the following conditions: . l. Applicant shall remove 168 s.f. of hardcover contained within the block patio located at the southerly corner of the house (see Exhibit A attached). Applicant shall also remove 277 s.f. of patio blocks adjacent to and not under the proposed deck. The 110 s.f. play structure is allowed to remain. Final hardcover on the property is • allowed as fo7.lows and per the hardcover worksheet attached as Exhibit B: 0-75 ° Zone = 9� 75-250' Zone = 44. 6g 250-500 ' Zone = 30$ Page 2 of 4 � ` , : � . `� . . . C�t� o� ORONO � • r,�, . . . � RESOL�JTION OFTHE CITY COUNCIL � NO. 2290 ' • � • • 2. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 26, 1988 ). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shaYl constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. • Adopted by the Orono City Council on this 9th day of November, 1987. ATT S : � Dor thy M alYin City Clerk Jam s R. a ek, Mayor P n s • Page 3 of 4 � Ci.t� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2290 � ' • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On th i s � / �' d a y o f �y�y�,�,� , 19 8� • before me Notary Public within and for said county, personally appeared �iC'�C1�,r'c� P�• d- I��"Ck�� S�Y'01'�'� � known to me to be the person(s) described in and who executed the foregoing insfrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . �� ' '�"``� NOTARY PUBLIC f ` THERESA L. NAA5 • _, NOTARY PUBLIC - MINNeSOTA 5 4 HENNEPIN COUIV7Y /� _ �COntml981on explres 9-8-92 C..dI�'�� % MY COMMISSION EXPIRES STATE OF MINNESOTA ) � � )sso COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personal ly appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC � MY COMMISSION EXPIRES Page 4 of 4 '�� ±"� /'� ° �,..�"".",��,r . f'�M� .•'.:rr�,��,��,1~'�'. , I�S�� I v ' .•O :J�y1 �s'aO . � G� ,� �� . � , �, � A � ,� � � o. �/ . • � �c.� � r�, �_� ,.• �;�� 3o U.-�-'t'►o N /v �4 � a . � � � ol� � � t:; e- .a� � * oL� 0 � '' ..;; , . , � �� >' �� p � �� Z� ��1 :;.� �,- . � � � , I , , �J � � • � � �% � /"�� r \�. � , �` •�•,'• y^ . //��` /�L�� _ �7-� . � �O• • � � S � ,`L `� . � �, v . n n � lf � J� �' �� !\ � . ,�� /, �L ' ,`� .� . O -�' � �� ^x �� //, V" � � '� . I � y � .�. ��• :� !� �U F. �� iTH E AS'1 I / c FLET O - Ilo � � � � -�- o '.� «� � � � � erl� � � . � - • � ; : '�'•� � . � � � . � � � � I ; . �, ., �, ` . . - . - � �� Y � i � � ^ o . � � . . � '. ' �1 -, `a' � �� d � � .�, (� �� ' . . , � � � �- �- ' � � � � � �1..0�� N �°` � � � `'� � .,. . � , �: , ;, z� q� , � . ,� , � ---� ` -- �, � ._._ �� :� �, ,;�- -� � . � - . � � x • � • L ' 4 •+ � EXHIBIT B RESOLUTION NO. 2290 HARDCOVER REVIRW #1168 Richard Helstrom, 2895 Casco Point Road 0-75 ' : 600 s.f. landscape bed w/plastic (pre-existing) 48 s.f. wood platform (pre-existing) 648 s.f. Area of 0-75 ' zone = 6750 s.f. 648/6750 =• 9.6$ Allowed 75-250 ' : 2548 s.f. house and attached garage 2520 s.f. driveway . 160 s.f . concrete entry sidewalk 75 s.f . rock wall 876 s.f . landscape beds w/plastic 3 0 s.f . rock steps 706 s.f. deck (new) • 110 �s.f. .play structure . 7025 ; s.f. Area of 75-250 ' zone = 15 ,750 s..f. 7025/15,750 = 44 .6�Allowed 250-500 ' : Area = 9450 s.f. Existing Driveway = 2525 s.f. = 26.7� Allowed Hardcover = 2835 s.f. = 30� Net Availabl.e = 310 s.f. � .